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HomeMy WebLinkAbout10D - No Wake Ordinance Provisions CITY COUNCIL AGENDA REPORT AGENDA ITEM: DISCUSSION: JULY 20, 1998 ~ ~~ BOYLES, CITY MANAGER~ i CONSIDER APPROVAL OF STATUS REPORT OF LAKE ADVISORY COMMITTEE RECOMMENDATION REGARDING 904 NO WAKE PROVISIONS. Historv The City Council recently directed that the Lake Advisory Committee provide recommendations about various issues having to do with Prior Lake. At their May 20, 1998 meeting, City Council liaison Kedrowski introduced this directive to the committee and there was some brief discussion (see attached minutes). On June 17, 1998 (see minutes) the Lake Advisory Committee discussed the matter more extensively. On July 3, 1998 I sent the attached memo to Lani Leichty in an attempt to clarify the range of issues the Council desired to have discussed. Current Circumstances At this writing, the Lake Advisory Committee has not completed their review of all the issues referred to them by the City Council, and specifically the issue of whether the No Wake threshold level should be modified to something other than 904. Their July 15 meeting agenda includes this item for further discussion. Conclusion Because of the lake level this year, I know that Councilmembers are concerned about this issue. At the July 20 meeting the staff will provide an update on this subject. At the August 3rd meeting the Lake Advisory Committee will be asked to provide their final report and recommendations to the Council. 162aOOO~CHa'ekGNRP$~AKiB~iMinn(?)dm 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER tti PR~ ~ lli ~\ ~ ~ .ftl"IIITI::~ nr:: TUI:: I A VI:: A n\/l~nOV ",n.ft.ftITTI::I:: U t-rJ May 20, 1998 The Lake Advisory Committee was called to order on Wednesday, May 20, 1998 at 6:43 p.m. Members present: Kate Haggerty, Doug Larson, Roger Soderstrom, Paul Trapp and. Others present: Tom Kedrowski and Lani Leichty, Water Resources Coordinator. Members absent: Marianne Breitbach, Tom Kearney and Rick Warner. II. CONSIDER APPROVAL OF MINUTES OF MEETING The first item on the agenda was to approve the minutes of the meeting for April 15, 1998. MOT/ON BY TRAPP, SECONDED BY HAGGERTY TO APPROVE THE MEET/NG MINUTES OF APRIL 15, 1998. MOT/ON PASSED UNA NIMO USL Y. III. UNSAFE LAKE PUBLIC NOTIFICATION PROCESS The next item on the agenda was the unsafe lake notification process to be followed when thin ice conditions occur on the lake. Leichty mentioned that he sent out draft copies of the organization chart to each party that has been involved with this issue. Only one comment was received, which was from Scott County Sheriff Bill Nevin. He requested that the word "Department" be changed to "Office" so that the wording would read "Scott County Sheriffs Office". The committee had no other comments on this issue. MOTION BY HAGGERTY, SECONDED BY TRAPP TO APPROVE THE NOT/FICA T/ON PROCESS AS CURRENTL Y ORGANIZED AND PRESENT TO THE CITY COUNCIL. MOTION PASSED UNA NIMO USL Y. IV. 1998 MILFOIL MANAGEMENT Which Eurasian milfoil areas to be treated was discussed next. Leichty said that the watershed district had requested that the area around the lake outlet be treated to help prevent the grate from clogging. The areas to be treated will be similar to that in 1997 with a few changes. Steve McComas talked about the "Water Watch" newsletter. A draft version was passed around for the committee to review and comment on. Steve said that he would try to get the final version done by the last week of May. V. SHADY BEACH TRAIL ACCESS STATUS Leichty and Kedrowski updated the committee on the status of the Shady Beach Trail issue. A task force has been formed by the City Council to review cost 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "T- options on this matter and report back to Council by the first meeting in July. Tom Kearney will serve as the Lake Advisory's representative on the task force. VI. NEW BUSINESS A. Councilmember Kedrowski told the committee that Council had passed a ) motion for the Lake Advisory Committee to look at the surface water ordinance provisions, no-wake level trigger and the lake level issue. Council believes that a lower lake level would be more beneficial to homeowners. Soderstrom said that the lake level issue is all in the landowners perspective and that it depends on what the past years rainfall patterns have been like. Kedrowski said he would like to see a study, timeline and how much money it would cost to I study this issue. Soderstrom mentioned that DNR's attitude has changed toward managing lake levels. Larson said that in the 1980's the Lake Review Committee researched this issue along with past weather patterns. Leichty agreed to check with the DNR to see what criteria needs to be followed in modifying the no-wake level. \. B. Scott County Sheriff Bill Nevin will be invited to the June meeting to discuss lake management and enforcement issues. VI. ADJOURNMENT MOTION BY HAGGERTY, SECONDED BY TRAPP TO ADJOURN THE MEETING AT 8:07 P.M., MOTION PASSED UNANIMOUSL Y. Respectfully submitted, Lanol Leichty Recording Secretary MINUTES OF THE LAKE ADVISORY COMMITTEE June 17, 1998 Prior to the meeting being called to order Chair Tom Kearney updated the committee on the status of the Shady Beach Trail access. He mentioned that the ad hoc committee that was formed to resolve this issue met several times and arrived with an agreement that was satisfactory to all parties. Before the agreement becomes official it will need to be approved by City Council. I. CALL TO ORDER The Lake Advisory Committee was called to order on Wednesday, June 17, 1998 at 6:53 p.m. Members present: Marianne Breitbach, Kate Haggerty, Tom Kearney, Roger Soderstrom, Paul Trapp and Rick Warner. Others present: Donna and Mike Mankowski, Jim Peterson and Lani Leichty, Water Resources Coordinator. Members absent: Doug Larson. II. CONSIDER APPROVAL OF MINUTES OF MEETING The first item on the agenda was to approve the minutes of the meeting for May 20, 1998. MOTION BY HAGGERTY, SECONDED BY SODERSTROM TO APPROVE THE MEETING MINUTES OF MAY 20, 1998. MOTION PASSED UNA NIMO USL Y. III. SURFACE WATER ORDINANCE ENFORCEMENT The next item on the agenda was to be discussions with County Sheriff Bill Nevin about enforcement of the surface water ordinance. Since Nevin was unable to attend, this item was tabled until the July 1998 LAC meeting. IV. LAKE LEVEL MANAGEMENT AND NO-WAKE ZONE ) Leichty handed out a lake level graph showing the elevation of Prior Lake from 1983 to 1997. This showed the amount of fluctuation the lake has experienced over recent years and the time period that the lake was above the 904 ordinary high water level (OHWL). He reviewed comments made during conversation's LWith the DNR on their position regarding lake normal water level (NWL) and ordinary high water elevations (OHWL). They are taking a hands off approach to 16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,d, .;&.-a'}\R;;G~;)..J. ;,;'" -._.. _~ii-':':lI"'~L' ~:,~...~_. 1lIIi ~,; -0' ",.&;aiiiI~ "a-.... "'" '. ~I., . this issue and it will be very unlikely that the current levels for the NWL of 902.5 and OHWL of 904.0 can be changed. Ms. Mankowski suggested that an ordinance should be adopted restricting landscaping close to the waters edge. She said that new people moving onto the lake know very little about the lake and the water level fluctuation that occurs. Mr. Mankowski asked how many complaints there actually were regarding the problem of high water this spring. He said that the impact on businesses of lowering the NWL and OWHL should be looked at before any action is taken. He brought up the fact that a DNR permit is needed for work done below the OHWL unless it meets the DNR restrictions. Also, he thought it would be interesting to see who was doing the complaining and check out their lakeshore property to see if they were in violation of DNR rules. Soderstrom mentioned that wind and wave action is a cause of much more erosion than by boats when the no-wake zone is in effect. He also said that lakeshore property values fluctuate along with high and low water elevations. Mr. Mankowski said that a precedent for the no-wake elevation to be set at the same elevation as the OHWL of a lake has been established by the DNR and that \ changing this would be setting a new precedent. ~ Warner made the following motion: I MOTION BY WARNER, SECONDED BY HAGGERTY TO TAKE NO ACTION ON THIS ISSUE A T THIS TIME. \ Soderstrom made an amendment to the motion as follows: MOTION BY SODERSTROM, SECONDED BY HAGGERTY TO TAKE NO ACTION ON THIS ISSUE SINCE CURRENT DNR REGULA T10NS ARE ALREADY IN EFFECT THA T CONTROL LAKE LEVELS IN A SUFFICIENT MANNER. MOTION PASSED UNANIMOUSL Y. MOTION BY WARNER, SECONDED BY BREITBACH TO GET A COPY OF ALL COMPLAINTS AND CONTACT THESE PEOPLE AND RESEARCH THE COMPLAINTS. MOTION PASSED UNA NIMO USL Y. MOTION BY WARNER, SECONDED BY HAGGERTY TO PREPARE A \LAKESHORE OWNERS INFORMATION GUIDE WHICH WILL BE MAILED TO ALL LAKESHORE OWNERS AND MADE AVAILABLE TO THE GENERAL PUBLIC. MOTION PASSED UNANIMOUSL Y. Ms. Mankowski mentioned that the Prior Lake Association may be willing to fund the material expense of preparing an informational guide to lakeshore owners. She will bring this up at the next meeting of the Prior Lake Association. June 20, 1998 To the Prior Lake City Countil: Aslake-side residents of Oakland Beach Avenue and vicinity, we would welcome a regular (for example, weekly or monthly or Fourth of July) H quiet-no-wake day" on Prior Lake. Thank you for considering this possibility. ~1~ · r I if(; JJ- 0 tJlJ ~ L1 r t7 4Jw;.Q ( .~Z~~ ~~) . ~(eue /J7Dsev / Y j,()i) DPr/d/nl1~ Ilel-f(f, ./~~ / t./ b ~" C>"'{~~() ~ ~ !tV' €.-- 42t1A" C cJ · ~ e[l/~ {tilf: r-fc;/t2- oAltANiJ · ~ ~~tr I'iS6CJ"~ ~~. . ~ ,q , ", ',' ~!\~ .rj~p',.~ ~."~-~f\ ..~:. t~ (~; ; ~ !rlh( ~_~j>.)~"tjt~ ",') ",'.. ,tit ":) :' (:' ;;, (" 'I. 1: (J;' ,i '"7 ,rf~' c; , t , ~ ,N ..td~f \1 < ;r~1 f;i,''"if'': ',r" 'iH ,t H' (~'n" , T;--'- ",,;ti . r'Ji "it'. ,tld", "~;. r'J \;;~ t ' · j::,!,.t~'" (E ..ltII ....j . fi> ; 1 ~ ~, ., ~J '.If: III' ,i r" . ;" ..~ }.. ,;~~J ,d "/'; -t"J" i" '~!, I:; , ".j. n " J', Hi..! { ". " 'T :fi'~H) * .... V. NEW BUSINESS A. Leichty updated the committee on the status of the eurasian milfoil treatment program. He said that DNR reduced the amount of treatment coverage requested by 1.0 acre. This was done because 15% of the littoral area had already been permitted by the DNR for private treatment. Leichty will call the DNR to find out what their policy is and what areas are high priority, public channel ways or private shorelines. B. Trapp informed the committee about the outcome of the Lakeside Demonstration Project. Approximately 5 people showed up for the demonstration, which was considerably lower than the past years. It was mentioned that the recent storm damage and resulting clean-up may have kept people away. Trapp mentioned that it may be better to hold the demonstration at Sand Point Beach in the future because of the easier access to the beach. VI. ADJOURNMENT MOTION BY HAGGERTY, SECONDED BY WARNER TO ADJOURN THE MEETING AT 8:18 P,M., MOTION PASSED UNANIMOUSL Y. Respectfully submitted, ~np..cA~ Lanol Leichty / Recording Secretary "" ......" ~ ....~.,.,_"..~M .. ,:.,'~_ _ ..J' C{ f d lJ-<-- DATE: TO: FROM: SUBJECT: JULY 9, 1998 LANI LEICHTY, WATER RESOURCES COORDINATOR FRANK BOYLES, CITY MANAGER LAKE ADVISORY COMMITTEE REVIEW OF LAKE ISSUES I have reviewed the June 17, 1998 Minutes of the Lake Advisory Committee meeting regarding agenda item IV, "Lake Level Management and No Wake Zone". If you have not listened to the audio tape ofthe City Council meeting when this directive was formulated, you may find such action useful. I believe that the City Council is seeking the Lake Advisory Committee's input on the following areas: 1. Can any action be taken to reduce the 902.5 or 904 water levels established by the D.N.R.? 2. What additional information can be provided to lakeshore owners to help them protect their shoreline and comply with lake-related regulations? 3. Based upon a review of the lake enforcement regulations currently in place, the actual violations taking place on the lake, and any other inputs, should steps be taken to enhance surface water enforcement? Examples include: a) Can/should the City try tq have a level ofless than 904 for No Wake implementation? b) Should/can the City add restrictions for Personal Watercraft? c) Can/should hours of skiiing, personal watercraft use, high speed watercraft use, etc. be established daily for the lake? d) What other additions/deletions or modifications are required in the ordinance to improve safety? 4. Are there enforcement measures that could be added to the existing enforcement activities to enhance the effort? The LAC seems to have addressed 1 and 2 but not 3 and 4. Prior to the next LAC meeting, please listen to the audio tape to assure that our report addresses all of the issues the Council has concerns about. 16200 E~IOO.OOA.n:,: Prior Lake, MinneWIal5~3~8MllE:j Ph. (612) 447-4230 / Jijl,~!i2J9Pi7-4245 AN EQUAL OPPORTUNITY EMPLOYER ./"'ll'1Il"_ ...,,~ iij/.. . ~~,...~~. t.i'lIII"II~ Iii ;';.~.nJil.I__I1IJ .-., lii;'i" I oj On July 18\ our family's boat was broad-sided by a personal water craft or PWC, specifically a Wave-Runner. The accident was unbelievable and bas left us with numerous questions and emotions. Initially, we have attempted to make sense as to why this hat".......ed to us. We have always l...... a family that does everything possible to insure &wt'Dnsible and safe use of the lake. Our three sons who are ages 20, 18, and 15 years old were required to complete all swimming classes including the advanced swimminw'lifesaving course provided by our community aquatics pro&~u. The older two boys went on to become certified lifeguards and this year,. the youngest is old enough to do so as well. We additionally required that at age 13, they all completed the study and testing necessmy to be "w_""e licensed to drive any wat...."'.Jt. Prior to doing so independently, however, they were required to practice with an adult for considerable time in order to demoDSlaul..;. their understanding of boating rules and regulations. But in spite of all these t'..,....a.utions, we found ourselves involved in a very serious and avoidable . accident. Adding insult to injury, after owning an older boat for more than seven years, we purchased a beautiful new boat that had been in the water all of three days when the accident occurred. The circumstances S1.<,...I"! mding the accident involved a beautiful Wednesday evening on which our middle son asked if we would take him water-skiing. Since we, like many local resid....l>, choose not to use the lake for much .....~."...Qon on the week-ends due to the significant con~,,~~on, it seemed to be the perfect time. The lake was quite still and water traffic was light. We started on the NE side of the lake and were travelling parallel to the shore with dad driving, middle son skiing, mom spotting for him, and youngest son in the open bow with a friend. Everything was pleasant and uneventful until within seconds, off the driver's side, a personal wa1.;..'.....Jt with a woman and young girl seated in f1>...u1 of her came out of a spin and headed at great speed for the side of our boat. Although we veered hard to the left, our boat was hit with enormous force causing the two individuals on the Wave Runner to fly over our boat before landing with multiple injuries in the water. We immediately called 911 on our cell phone, our middle son began to assist the injured woman and girl, and our youngest dove into the water in order to retrieve and prevent the totaled Wave Runner from causing a second accident. The response of both city and county rescue services was swift, and thankfully, although there ,t..",i;.1'W"1I _If'\:,'',!~__. ." :Iii. JJ :.A-..c~~,.-I(,.;. ,,"r,..,:i::";I~.;" ~ were considerable .......~onal injuries and ""'UI',,.lJ damages, there were no resulting fatalities. Since that night, we have spent considerable time attempting to obtain pertinent information and answers regarding very im,.. ..,.:..c.nt safety issues. F~ we learned that although we have always carried insurance on our boats and assumed everyone else did as well, there are actually no existing laws requiring ...,......c:.tors of any watercraft to carry insurance, including liability. We learned that there are no requirements for licensing individuals over the age of 18 in regard to the 0,.. .;...""Con of any ~.....",..uft, including PWC. Through some unknown process, one is just supposed to understand all that is involved in safe, knowledgeable, and responsible use ofwat.;,......uft, even though it bas been identified that "off-throttle steering loss" is considered a major adjustment in learning to control PWC. With PWC having an average of 6 regular users, not to mention the casual sharing between ...Al.I..uded family and friends, the amount of unskilled . and \u..~~ users is considerable. As a result, it is of critical importance that all of us St,'I'~ ",,,,1 legislative efforts to increase . "'1..1h'...u.......ll. for educating and licensing ",.....c:.tors of all wat.;.n....uft, as well as mandating that owners carry insurance. Past efforts to pass such legislation have met with considerable resistance :.'""'. various manufact1....'.;...,) and retailers ofwat.:........c:.ft. Who, however, can take issue with changes designed to insure personal rights and safety? We also learned that the new June lilt rules and regulations for PWC operators are ready to be enforced including that they .'.;.....ain a safe 150 ft. ~."'~~ most everything, no wake-jumping, and no operation between 9:30 am and one hour before sunset. Cl..a. ';''''IUy, with PWC accounting for less than 4% of all wal.;........aft while being involved in almost 40% of all non-fatal boating accid..ull., one can only hope that the strict enforcement of the new laws will occur and serve as a d.,;;t..uent to iu,.;..),.....,~ible operation. Along with the legislation mandating these new regulations, monies will be divided between the DNR and local enforcement efforts which includes our Scott County Sheriirs d,;,,,IKanent on the lake. Perhaps this is an appropriate time to ask if current coverage on the lake is sufficient with only one sheriff often attempting to monitor traffic and activities on both the upper and lower ends with only a narrow channel available to connect the two. The posting of local, county, and state laws and ordinances at all '. . mIi;: --'-~,:;r'~"; ~1'~-> " . Ii. ::I 'W~,':" ..':~:~' ~~, 1\.( ~ ':t:~ml~::. c L. launch pads and marinas is also consid....,.;.J best-practice and supported by the DNR in order to insure the safety of all local residents and visitors to our lake. For instance, how many of us truly know that the speed limit is 40 mph during the day and 20mph after dark? Additionally, in regard to lake access, if the amount of outside traffic coming into our lake is indirectly controlled by available parking in the lot adjacent to a public access as explained by the DNR, then tickets for illegal parking on residential O)L. ~"ls need to be regularly issued by city law enforcement officers with calls 2."'cI'. the public to inform and assist them in this regard As we have talked to a nwnber of local Prior Lake residents, we have discovered that many are surprised to learn about the lack of laws regarding educating, licensing, and insuring wab;..",.aft. We have learned that while certain changes regarding education and insurance are considered State legislative issues, local gO\ '....u.u.ents have the power to enact and enforce more stringent restrictions than Cbu''''''Uy mandated by the State. . This may be a good time to consider doing so, to....l.aps starting with an ordinance that requires proof of at least liability insurance for wat.;..",u:J\ owners choosing to recreate on our lake: It is evident that many people also feel it is time to step up adh".,,,..ce to ..a went laws, both in l..~auS of informing the public and carrying out enforcement Through cou........tlon f,.,.... the public, along with coordinated city, county, and state efforts. we have learned that much can and should be done to imt',.,.."e the overall enjoyment and safety of our lakes and waterways. .;~ ::"::.'!__'""",R"""lm!:iI!wa~lI.;!c.I~i:}"~~ ;.~: :,;:,;a,.,j; ,....WO'UliM~~~......~~-~;L ~ rtf......;...~J3lilJ..;,:~::;.......;..:....Ji.l.,.lIIlI.i .. ...